Dem INSANITY Over Gorsuch Nomination BRUTALLY Exposed

dems no gorsuch

Robert Gehl reports that it’s looking more and more likely that the Senate will go “nuclear.”

Democrats and Republicans in the Senate are at a stalemate over the confirmation of Judge Neil Gorsuch to the Supreme Court. Democrats have promised a filibuster and Republicans need 60 votes to stop the filibuster and move ahead to a vote, but it is looking increasingly likely that the GOP will stall with votes in the mid-to-upper 50s on breaking the filibuster.

If the Democrats do decide to filibuster – as they said they will – Majority Leader Mitch McConnell has “heavily telegraphed,” according to Politico, that he will invoke the so-called nuclear option. It would allow the majority to unilaterally change Senate rules with a simple majority vote.

Even though some Republicans are concerned that the change would permanently alter the deliberative nature of the United States Senate, both sides are stuck in.

“We’re not going to be treated by a double standard,” Senate Majority Whip John Cornyn (R-Texas) said in an interview on Monday. “We’ll give our Democratic colleagues a chance to see if they provide the 60 votes; if they do, it’s a moot point. And if they don’t, as I said before, we will confirm him one way or the other.”

So far, moderate Sen. Joe Manchin is the only Democrat who said he would vote to allow a confirmation vote go forward (but not that he’d vote for actual confirmation).

On Twitter, Vermont Sen. Patrick Leahy said he was “never inclined to filibuster a SCOTUS nominee.”

But after pressure from leftist groups, Leahy walked that back quickly:

WHAT IS THE NUCLEAR OPTION?

Under that option, nominations could be approved with a simple majority in the 100-member Senate. Now, it takes 60 votes to clear parliamentary hurdles and set up an up-or-down vote on the nominee.

IT’S HAPPENED BEFORE

This procedural maneuver has recent precedent. In 2013, Democrats were in the majority under the leadership of Sen. Harry Reid of Nevada and upset about the blockage of President Barack Obama’s nominees to a powerful appellate court. The Democrats pushed through a rules change lowering the vote threshold on all nominees except for the Supreme Court from 60 to a simple majority.

The Supreme Court was exempted at the time as part of a deal bringing along Democrats reluctant to change the rules.

At the time, McConnell warned Democrats the strategy would backfire: “I say to my friends on the other side of the aisle, you will regret this, and you may regret it a lot sooner than you think.”

Before 1975, it was even tougher for presidents to get their nominations through because two-thirds of the senators present and voting had to agree to move forward.

WHY IT WOULD BE EXPLOSIVE

Such a rules change on Supreme Court nominees would be a momentous change for the Senate, which traditionally operates via bipartisanship and consent from all senators. Some believe it could begin to unravel Senate traditions at a hyper-partisan moment in politics and perhaps end up in the complete elimination of the filibuster even for legislation, which would mean an entirely different Senate from the one that’s existed for decades.

Senate experts note that the filibuster is not enshrined in the Constitution and filibustering nominees is a relatively recent phenomenon. Cloture — the procedural motion to end a filibuster — was attempted for the first time on a nominee in 1968 after President Lyndon Johnson tapped Abe Fortas as chief justice of the U.S., according to the Congressional Research Service.

The cloture attempt failed and the nomination was withdrawn.

McConnell is an institutionalist who has made clear he does not favor invoking the nuclear option, but he has not ruled it out for Gorsuch.

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